Reid Ginoza at 19:19, 4 June 2006

2006-06-04T19:19:24Z

Reid Ginoza at 22:53, 10 March 2006

2006-03-10T22:53:10Z

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take. Therefore, the above listing
does not necessarily cover all of the
acreage under GBO's.
DHHL has been pursuing action to
resolve two cases of withdrawn lands
because of related lawsuits. One of
the cases involves a lawsuit filed by
the Keaukaha-Panaewa Community
Association, a group of native
Hawaiians, against the Commission and
other defendants. The case involves
approximately 25 acres of Home lands
withdrawn for a flood control project.
The second lawsuit involved
approximately 92 acres of Home lands
withdrawn for the General Lyman
Airport and was filed by the
Commission.
The flood control project case
resulted in a September 1, 1976
declaration and conclusion of law by
the U.S. District Court for the
District of Hawaii which stated that
the Commission had breached their
trust or fiduciary duties by: (1)
allowing the use of more than 25 acres
of Home lands under the land exchange
provisions without first satisfying
the prerequisites for an exchange, (2)
issuing a license for an unlawful
purpose, (3) permitting the
uncompensated use of these lands, and
(4) allowing the needs of the general
public, as opposed to the needs of the
native Hawaiians, to control decisions
made concerning the project.
The Court also ruled that the
transfer of these lands was unlawful,
in part, because the Commission had
failed to obtain the approval of the
Secretary of the Interior prior to
allowing use and alteration of the
lands, thereby depriving native
Hawaiian beneficiaries of the
protection afforded by his independent
review. And, it ruled that Home lands
cannot be used for the benefit of
persons who are not beneficiaries
under the Act without first obtaining
reasonable compensation for such use,
when otherwise permissible, based upon
sound economic and accounting
principles.
The Ninth Circuit Court of Appeals
reversed the District Court, not on
the merits of the case, but on
jurisdictional grounds, holding that
only the United States has the right
to enforce the State's obligation by a
breach of trust suit.
The Deputy Attorney General, State
of Hawaii, informed us that DHHL and
DLNR are now in the process of
identifying lands to be exchanged for
the lands used in the flood control
project and that the DLNR Board will
be acting on the proposal soon. The
target date to submit an exchange to
the Secretary of the Interior for
approval is December 1982.
The Third Circuit Court of the
State of Hawaii issued on September
24, 1980, an order granting a partial
summary judgment for DHHL, the
plaintiff in the case involving the
General Lyman Airport in Hilo, Hawaii.
The Court in this case ruled that the
executive order powers of the Governor
in respect to the lands of the
Territory or State did not, and do not
now, extend to Home lands.
As a result of the court's judgment
in the General Lyman Airport case, the
State of Hawaii Department of
Transportation and DHHL have
negotiated a 30-year lease for the
91.6 acres of Home lands withdrawn
under GBO's. The lease provides for a
one-time payment of $401,185 for all
past use of the land, and annual lease
rental of $481,422 retroactive to
April 1, 1975, with the rentals to be
redetermined at 10-year intervals.
This lease will result in a
substantial increase in revenues for
DHHL operations- and development of
Home lands.
In regard to other withdrawn land,
the Commission initiated negotiations
with DLNR in 1977 to exchange
approximately 30,000 acres of lands
which DHHL purported to be Home lands,
385

@@ Line 2: / Line 2: @@
 does not necessarily cover all of the
 acreage under GBO's.
 DHHL has been pursuing action to
 resolve two cases of withdrawn lands
@@ Line 17: / Line 18: @@
 Airport and was filed by the
 Commission.
 The flood control project case
 resulted in a September 1, 1976
@@ Line 35: / Line 37: @@
 native Hawaiians, to control decisions
 made concerning the project.
 The Court also ruled that the
 transfer of these lands was unlawful,
@@ Line 52: / Line 55: @@
 sound economic and accounting
 principles.
 The Ninth Circuit Court of Appeals
 reversed the District Court, not on
@@ Line 59: / Line 63: @@
 to enforce the State's obligation by a
 breach of trust suit.
 The Deputy Attorney General, State
 of Hawaii, informed us that DHHL and
@@ Line 69: / Line 74: @@
 the Secretary of the Interior for
 approval is December 1982.
 The Third Circuit Court of the
 State of Hawaii issued on September
@@ Line 80: / Line 86: @@
 Territory or State did not, and do not
 now, extend to Home lands.
 As a result of the court's judgment
 in the General Lyman Airport case, the
@@ Line 94: / Line 101: @@
 This lease will result in a
 substantial increase in revenues for
-DHHL operations- and development of
+DHHL operations and development of
 Home lands.
 In regard to other withdrawn land,
 the Commission initiated negotiations
@@ Line 101: / Line 109: @@
 approximately 30,000 acres of lands
 which DHHL purported to be Home lands,
+{{p|385}}

Template:Nhsc-v1-385 - Revision history

Reid Ginoza at 19:19, 4 June 2006

Reid Ginoza at 22:53, 10 March 2006